Legal Opinion

Blue Canyon Well Ass'n v. Jevne

New Mexico Court of Appeals

Decided August 2, 2017No. 34,655PublishedCited by 8 opinions

1Opinion of the CourtJulie J. Vargas, Judge

{1} In this appeal we address whether Plaintiff Blue Canyon Well Association (Blue Canyon) was a legal entity with capacity to sue Defendant Denise Jevne. Specifically, we consider the applicability of NMSA 1978, Section 53-10-1 (1937) to Blue Canyon's claim that it was entitled to bring the suit as an unincorporated association. We hold that Blue Canyon's legal capacity to sue Jevne as an unincorporated association is dependent on its compliance with statutory requirements, and because it failed to comply with the statutory requirements, Blue Canyon lacked the capacity to sue Jevne. We…

2Cases cited11 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
  3. Baker v. HedstromNew Mexico Supreme Court · 2013
  4. Swink v. FingadoNew Mexico Supreme Court · 1993
  5. State Ex Rel. Overton v. New Mexico State Tax CommissionNew Mexico Supreme Court · 1969

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3Cited by8 opinions

  1. State v. Oppenheimer & Co.New Mexico Court of Appeals · 2019
  2. Benns v. N.M. Dep't of Pub. SafetyNew Mexico Court of Appeals · 2022
  3. Filippi v. Bd. of Cnty. Comm'rs of Torrance Cnty.New Mexico Court of Appeals · 2018
  4. MTGLQ Investors v. Monica WellingtonCourt of Appeals for the Tenth Circuit · 2021
  5. MTGLQ Investors v. WellingtonCourt of Appeals for the Tenth Circuit · 2021

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